What mother would have thought that her child, who was induced by the hospital, would be saved by the nurse?
The bizarre incident was reported by CCTV's "Focus Interview" and eight people were held criminally responsible. Nurse Liang Xiaohua was sentenced to two years in prison by the Intermediate Court of Chifeng City, Inner Mongolia, for child abduction. Four public security leaders, including Shi, deputy director of the Hongshan District Public Security Bureau in Chifeng City, were convicted of dereliction of duty, and three hospital leaders, including Zheng, of the Chifeng Reproductive Health Specialized Hospital, were convicted of dereliction of duty by state-owned utility personnel, but all were exempted from criminal penalties.
April 2013, home in Chifeng, Inner Mongolia, just turned 18 years old girl Lili (a pseudonym), found herself pregnant. Because of the young and ignorant, until November 5, 2013, she has been pregnant for more than 35 weeks after the brother accompanied by the obstetrics department of Chifeng Reproductive Health Specialist Hospital to do induced abortion. Lili induced labor went well, and the discharge list also states that there are 20 yuan to deal with the cost of dead babies.
But the reality is not the case, this is induced abortion of the child, was actually saved.
Liang Xiaohua, a nurse in the maternity ward, confessed that before the induced labor surgery, she gave Lili an internal examination. Judging from her experience, she felt that the induced child had a chance of surviving, as she had seen examples of children born alive from induced labor in large months when she was a trainee nurse.
Before Lili went into labor, Liang Xiaohua called her cousin Wen Mou and said that if he wanted a child, he would come to Chifeng, Wen Mou asked her if it was a boy or a girl, and she said that she had not yet given birth to it and did not know. Wen explained afterward, "My wife and I have been married for many years without children, have always wanted to hold a child, but also mentioned with the cousin."
The same day at 12:00 noon, Liang Xiaohua cooperated with two doctors to Lili to do induced abortion. Lili induced a baby boy with a pale complexion, no breathing and no vital reflexes, and the doctors thought the baby was dead. Liang Xiaohua put the baby in a plastic bag and put it in a special bag in the storage room for medical waste.
Later, when Liang heard a baby crying, she took the child out of the plastic bag to resuscitate it. She personally gave the child sputum, oxygen, ligated the umbilical cord, and gave the child some glucose water to drink, and found a piece of baby clothing left behind by other mothers in the storage room for the child to wear, and put it on the baby radiation table in the maternity ward, where the child fell asleep after a while.
Wen learned that the baby boy was saved, immediately and his wife Liu rushed to Chifeng by car. Liang Xiaohua said her cousin wanted to give her money, she did not want. At 4 p.m., Liang Xiaohua led her cousin and sister-in-law to the maternity ward and carried the baby boy away.
The hospital's cleaner, Zhang, confirmed that "the disposal of dead babies from medical waste should have been notified by the nurse to pick them up after they were put in a garbage bag, and signed by me on the handover form. But usually the nurse signs for me. On that day, Liang did not notify me to pick up the dead baby."
Afterward, Lili lamented that if a righteous villager hadn't reported the case, she might not have known for the rest of her life that her child was still alive. Two days later, the Shuangsheng police station of the Arukolqin Banner Public Security Bureau in Chifeng City received a report from a member of the public that there was a child of unknown origin in the home of a local resident, Wen Mou.
The Public Security Bureau investigated and determined the origin of the child and the birth mother's situation, while asking the Chifeng Hongshan District Branch to assist in the investigation. The third day after the induced abortion, Lili was notified by the police in Arukolqin Banner that the child she induced was alive and now in Arukolqin Banner.
November 10, Lili at the request of the police, and her brother, her mother, together to more than 300 kilometers away from the public security bureau of the Arukolqin Banner, with the police to make a statement, and DNA paternity test.
Induction down the child was actually abducted, Lili and her family went to the hospital to seek justice. But to the hospital, the hospital director insisted that the child was not abducted, but by a nurse to carry away, to relatives. After the statement was recorded, the police did not give Lili a reply. They went to the Public Security Bureau to ask, the officer in charge of the case only revealed that the child in a local town.
Hongshan District Public Security Bureau criminal police brigade deputy brigade commander Zhang was assigned to investigate the case, and mastered the fact that the baby boy was abducted. the morning of December 18, he and the legal brigade deputy brigade commander Zhang discussion, decided not to file a case. That afternoon, Zhang reported to the deputy director of the criminal police brigade in charge of Shi Mou, Shi Mou agreed not to file a case.
After that, Zhang arranged for personnel to make a petition not to file a report to the absence of criminal facts petition not to file a case. 19 am, Zhang and others served Lili not to file a decision.
Lili applied for administrative reconsideration, Zhang received and accepted. 25 December, Zhang reported to the legal team leader Liu, Liu confirmed that the case is not filed. Liu Moumou to report to the competent leader Guo Moumou, Guo Moumou proposed on the Secretary's Office for discussion. December 26, Hongshan District Bureau Secretary Liang Moumou, Secretary of the Commission for Discipline Inspection Guo Moumou, Liu Moumou, Zhang Moumou to participate in the study, at the meeting to maintain the original decision of the reconsideration of the decision to be filed.
Lily felt unacceptable after receiving the reconsideration of the decision, complained to the CCTV "Focus Interview". the evening of January 6, 2014, "Focus Interview" made a report.
Judgment: nurse convicted of child abduction not liable for civil damages
Public opinion began to ferment. January 8, the nurse Liang Xiaohua on suspicion of child abduction by the Chifeng Municipal Public Security Bureau of criminal detention, and then prosecuted to the Red Mountain District Court of Chifeng City. Lili filed an incidental civil lawsuit, requesting Liang Xiaohua compensation for medical expenses of 20,000 yuan, 80,000 yuan in transportation costs and attorney's fees, 200,000 yuan in moral consolation, 800,000 yuan in alimony and education, and 1.1 million yuan in ****.
The court held in the first instance that Liang Xiaohua, as a staff member of a medical institution, took the means of concealing the truth, and without the knowledge of the guardian, privately sent the induced survival of the baby to Wen Mou to raise, so that the baby is out of the guardian's custody, and that this behavior violates the parent-child relationship between Lili and the induced baby and the legitimate rights and interests of the induced baby, and constitutes the crime of abducting a child.
The court sentenced Liang Xiaohua to two years in prison for the crime of child abduction, but did not assume civil liability for Lili, on the grounds that this is not a direct loss caused by Liang Xiaohua's criminal act of child abduction.
After the sentence was passed, both Liang Xiaohua and Lili appealed separately. Liang Xiaohua's appeal was based on the fact that her behavior did not constitute the crime of child abduction, and she asked for a change of sentence to acquittal.
On October 26, 2014, the Chifeng Intermediate Court in Inner Mongolia Autonomous Region upheld the original verdict.
The court held that Guo, as deputy director of the obstetrics department of the specialized hospital, was in charge of the work of the maternity ward; Jiang, as director of the obstetrics department of the specialized hospital, was responsible for the overall work of the obstetrics department, and did not perform supervisory and managerial duties for the transfer of stillborn babies and fetuses to the maternity ward; Gao, as vice president of the specialized hospital and head of the general affairs department, neglected to manage the collection of stillborn babies and fetuses from the logistics department; Zheng, as director of the specialized hospital, was responsible for the work of the whole hospital, and did not perform his managerial duties, resulting in stillborn babies and fetuses.
Liang Xiaohua abducted children after the incident was exposed by the media, causing a bad impact in the community, damage to the reputation of state-owned institutions, the behavior of all four constitute state-owned institutions personnel dereliction of duty.
And the four people involved in the case, whether it is the main contractor Zhang Mou, reviewer Zhang Moumou, approver Shi Mou or review contractor Liu Mou, did not make a decision to file a case in accordance with the law, and did not put forward in accordance with the provisions of the jurisdiction of the materials subject to be transferred to the jurisdiction of the Public Security Bureau of Aqi, much less reported to the Chifeng Municipal Public Security Bureau to designate the jurisdiction, but hasty decision to make and reconsider to maintain not to file a decision is not correctly perform their duties .
The verdict also wrote: "Focus Interview" is a strong media influential in-depth reports, its reports caused great concern in all walks of life, it can be determined that the four defendants' negligence of duty and the bad social impact of a causal relationship.
Four people are state organs staff, so the behavior of all four have constituted the crime of dereliction of duty. Considering the collective decision-making behavior in this case, the responsibility is relatively decentralized, the four people are not decision-makers, the subjective malignancy of the crime is small, the circumstances of the crime are minor, the court ruled that the four people are guilty of negligence, but exempted from criminal penalties.
The four defendants are not convinced, respectively, appeal.
Zhang Mou, Zhang Moumou argued that the court did not conduct a factual review of the content of the "Focus on the interview", they are only the case contractor, the case filed or not, there is no right to decide, and therefore does not constitute the crime of dereliction of duty.
Liu believes that this is a "news media kidnapping law" case, the first trial is based on the inaccurate news media reports to make a judgment, their own reconsideration of the process of careful review, reporting, implementation, there is no negligence.
Shi believes that he performed his duties, is indirectly responsible for the staff.
May 25, 2017, the Chifeng Intermediate Court of final appeal upheld the original verdict.
This case is really strange, medical treatment should be transparent and open.